What Is a Mesothelioma Claim?
A mesothelioma claim is a legal action to pursue compensation from manufacturers of asbestos-containing products.
These manufacturers realized the dangers of their products in the early 1930s, but hid the truth to continue making profits. When the general public discovered that asbestos caused deadly diseases in the early 1980s, thousands of people filed legal claims against these manufacturers.
Dennis, a victim of mesothelioma, talks about his journey from diagnosis to filing an asbestos claim. View Transcript.
Duration: 2 min 48 sec
The specialist called me one night at 5:30 and I thought, “this is odd time for them to be calling me.”
He said, “Dennis, I have the results for your test.”
And my reaction was, “Oh, good. What do you got?”
He didn’t speak for like five or seven seconds and I thought, “Oh my god, this is it.”
And he said, “The results from the biopsy are you have mesothelioma, you’ve been around asbestos.”
They determined I had peritoneal mesothelioma, that means it’s mostly in my stomach.
I asked her, “How long am I going to live, doctor?”
She told me, “I see five to ten years and I will hope for ten to fifteen.”
So I thought, “Oh my god, I just lose my dad three months earlier, now I got cancer.”
I had fun being a mechanic. The dust from brake jobs, yeah there’s a lot, especially in the hub of the wheel; got to get all the dust away so you can put in the new stuff.
I knew there was asbestos in it but I didn’t know it was harmful. I didn’t know it would cause cancer.
Do I call the attorneys? I didn’t know I would get these benefits. It’s helped complete our – make our living financially, we would have been in Hell in high water without these benefits.
I had a legal team on my side in two or three days I believe, and I was very comfortable.
They were real people and they came to my house. They treated me like a person, not a number. They took care of every step and they explained to me the steps that would be taken and as time went on, they needed to they would call me on the phone and let me know and it was a good experience.
If someone was diagnosed with mesothelioma, as I was. I would tell them, first of all, you need help like I did. We were given something we were never warned about, that asbestos was in the things we worked with.
They made it very personal for me in a good way. For my wife, and kids and my family, they really helped me and they treated me like a person.
Compensation from a mesothelioma case can cover medical costs and other related expenses.
These expenses include:
- Lost wages if the victim can no longer work
- Travel costs
Asbestos compensation claims also force manufacturers to take responsibility for their actions, which affected millions of people over several decades.
If you or a loved one developed mesothelioma, you may qualify for compensation from an asbestos trust fund. Find out if you are eligible today.
Types of Mesothelioma Claims
There are several types of mesothelioma claims to consider based on your specific case. Your lawyer can help determine which type of claim to file.
Learn more about the types of asbestos exposure claims below.
Personal Injury Claims
Victims of mesothelioma can file a personal injury claim. Your claim must prove that the asbestos-containing products made by the asbestos manufacturers caused your illness.
Your personal injury mesothelioma claim must include:
- A medical diagnosis of mesothelioma
- A doctor’s written statement linking your diagnosis to asbestos exposure
- Work history (if you worked at a company that used asbestos-containing products)
- Product history (if you used a product that contained asbestos)
Once your personal injury claim has been submitted, your mesothelioma lawsuit will begin. Your lawyer will work to get compensation from manufacturers by building a strong case to reach an out-of-court settlement or an in-court trial verdict. Most claims are settled before they go to trial.
Money from personal injury claims may cover the costs of medical treatments and other expenses, such as the emotional toll brought by a mesothelioma diagnosis.
Wrongful Death Claims
If your loved one has passed away from an asbestos-related disease, you may be able to file an asbestos claim after their death.
A mesothelioma wrongful death claim aims to hold major manufacturers of asbestos-containing products accountable for the victim’s death.
Mesothelioma compensation for family members can help pay the victim’s past medical bills and other related expenses, such as funeral costs and emotional damages.
Asbestos Trust Fund Claims
If you were exposed to asbestos-containing materials and developed mesothelioma, you may be eligible to file an asbestos trust fund claim.
Many asbestos companies could not keep up with the number of lawsuits being filed against them, so they declared bankruptcy and established asbestos bankruptcy trusts. This prevented them from facing more asbestos-related lawsuits while still compensating victims exposed to their products.
Today, there is an estimated $30 billion available in asbestos trust funds. Work with an experienced mesothelioma lawyer to ensure your mesothelioma fund claim is filed correctly and in a timely manner.
Mesothelioma Claim Amounts
The amount of money awarded from a mesothelioma cancer claim can vary depending on your specific case and which type of claim is filed.
Learn more about the average recoveries for each type of mesothelioma claim below.
Asbestos Trust Fund Claims
Asbestos claim payouts typically award around $180,000 to mesothelioma victims, according to the RAND Institute of Civil Justice. However, trusts also need to keep funds available to pay future claimants, so they may only be able to pay a percentage of what they actually owe to current claimants.
The average mesothelioma settlement awards around $1 million. Mesothelioma settlement amounts can vary depending on your case.
Around 95% of mesothelioma claims will result in a settlement.
Mesothelioma Trial Verdicts
Trial verdict amounts can depend on whether the court finds the manufacturers of asbestos-based products responsible for your disease. If the court rules in your favor, you may be able to win millions of dollars. Trial verdict amounts are often even higher than settlement amounts. However, you may not win any money at all if they do not rule in your favor.
It is important to note that claim amounts can vary. You may receive more or less compensation from your case. Contact a top mesothelioma lawyer to learn more about your potential case value.
How to File a Mesothelioma Claim
For best results, you need to work with a skilled lawyer to file an asbestos claim. Your lawyer will help you during the entire mesothelioma claims process to build and strengthen your claim.
The mesothelioma claims process generally follows these three steps:
Without the help of a skilled asbestos attorney, simple mistakes in the filing process can derail your claim and delay payment.
Statute of Limitations on Asbestos Claims
It’s important to make sure you file your mesothelioma claim within your state’s statute of limitations – a law that places a time limit on how long you have to file an asbestos claim.
Statutes of limitations vary by state, with most limiting mesothelioma claims to 2-3 years after a mesothelioma, asbestosis, lung cancer, or another asbestos-related disease diagnosis. You will not be able to file your claim if the statute of limitations passes.
Work with an experienced mesothelioma attorney to file your claim within the deadline, as statutes of limitations can vary significantly with each case due to different laws and other factors. For example, if you were exposed to asbestos in one state but now live in another, you may need to file your claim within the first state’s statute of limitations.
Asbestos lawyers can help you and your family navigate the laws in your state. Even if the statute of limitations has expired, you should contact a lawyer to see what legal options are still available.
Mesothelioma Insurance Claims and Other Benefits
There are other ways to receive compensation for mesothelioma besides legal claims. Mesothelioma patients may be able to file several different types of insurance claims or collect benefits from the U.S. Department of Veterans Affairs (VA).
Learn more about other types of asbestos claims and benefits below.
Those with mesothelioma often qualify for insurance payouts since this type of cancer requires intensive and costly medical treatment.
Types of mesothelioma insurance claims include:
- Medicare and Medicaid: These government-run insurance programs cover health care expenses for seniors and people with low household incomes, respectively. These programs may or may not cover all the expenses associated with mesothelioma.
- Private insurance: Over 67% of the U.S. population had private health insurance as of 2018, according to the Census Bureau. Mesothelioma victims should see what their policy covers to determine how much money they will need to pay out of pocket.
- Social Security Disability Insurance (SSDI): This government-sponsored form of insurance is available to those under the age of 65, provided they have worked long enough to qualify.
Though not every expense may be covered, these insurance programs can provide compensation to help victims afford mesothelioma treatment and cover other medical expenses.
Workers’ Compensation Claims
Workers’ compensation is a type of insurance for employees who are injured on the job. Workers who were exposed to asbestos while at work and developed mesothelioma may be able to file a workers’ compensation claim.
However, this type of claim can actually limit the compensation a victim may receive from a settlement or a trial verdict through liens. Liens allow the insurers who fund workers’ compensation to get a cut of any money awarded through legal action.
To learn more about workers’ compensation claims and how it affects other forms of compensation you may receive, consult with a mesothelioma attorney.
The U.S. military used many asbestos-containing products without knowing their dangers from the 1930s to the early 1980s. As a result, many veterans developed mesothelioma due to exposure during their time of service. Veterans can file for VA compensation benefits for their asbestos exposure.
VA benefits include:
- Disability compensation
- Extra compensation to afford in-home care and other health needs
- Medical care from VA-affiliated mesothelioma doctors
- Survivor benefits for spouses and loved ones
Filing a VA mesothelioma claim can be challenging and time-consuming, but mesothelioma lawyers can help you gather the right information to file a claim.
Speak with our qualified patient advocates to learn more about filing your VA mesothelioma claim.
File Your Mesothelioma Claim Today
The manufacturers of asbestos-containing products knew they were putting hardworking people in harm’s way. Sadly, they continued to make and sell their goods for decades without disclosing the health risks.
These companies should be held responsible for their actions – and pay for medical treatment and other expenses – if you developed mesothelioma from their products.
Filing an asbestos claim can help you recover the financial compensation you deserve and need to pay medical bills and other expenses. By winning money from a mesothelioma claim, you can rest assured knowing you and your family will be financially secure in the future.
Get a free legal consultation today to see if you qualify for a mesothelioma claim.
Mesothelioma Claims FAQs
Who can file a mesothelioma claim?
Anyone who has been diagnosed with mesothelioma may be able to file a claim. Since asbestos is the only known cause of mesothelioma, your claim must prove that your condition was caused by asbestos exposure.
Family members and estate representatives may also be able to file a wrongful death claim after their loved one passes away from mesothelioma. It is important to file your claim within the mesothelioma statute of limitations, however, you should contact a lawyer to learn about your options.
What is the average settlement for an asbestos claim?
Although mesothelioma claim amounts can vary depending on several factors pertaining to each case, the average mesothelioma settlement is around $1 million.
The best way to estimate your case value is to get a free case review from an experienced asbestos lawyer.
How much money is available in asbestos trust funds?
Currently, there is over $30 billion available in asbestos trust fund compensation for mesothelioma victims to access.
Asbestos trust fund payout amounts can vary depending on the type of trust, but the average payout is around $180,000.
How long does a mesothelioma claim take?
It depends on the type of claim. For example, some people start to receive compensation within 90 days of settling a mesothelioma claim. But the length of this process can vary, especially depending on which manufacturers of asbestos-containing products you filed against.
A lawyer can give you a better estimate as to how long your mesothelioma claim will take. Get a free legal consultation to learn more today.